Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-17


janitors. When the school is thus a complete in
stitution Its care and management is assigned to
the trustees" SCom'rs letter, JAN 3D. 1886; Sen.
Mis-. Doc. NO. az. 49tn COngress)
In another letter, that OF December 30, 1885,
they define "the t'rm school as embracing a
sehoothoase, collection OF pupils. teacher, and
Janitor;" and their theory appears to be that q
school must be created with all these parts before
II can be managed: and as the trustees have on y
the power OF management the creating part must
necessarily fall TO the Commissioners therefore
until The Commissioners have provided a room
and collected nit the pupils. and appointed teach
er, and Janitor, the trustees have nothing TO do
because until then no school exists for them TO
manage. As Necessary sequence they claim that
this power OF creation involves the power OF con-
tinuance and recreation. As practical result OF
this theory IL appears TO your committee that the
entire executive control Of the public schools is
bodily transferred from the trustees TO the Com
missioners- All independent functions OF an ex-
ecutiye nature previously, and by express recitals
OF law exercised by the trustees, are in fact de-
stroyed. such functions are either wholly denied
10 the trustees, or II nominally exercised by them
their acts are subject 10 aDnument by order OF
tne commissioners so that Whatever forms or
organization or board or trustees are kept up
they are In fact simply a subordinate agency Of
the Commissioners and subject 10 their superior
WILL
In opinion this is not proper construction OF
the statute Its provision to the powers OF school
trustees, Is In single sentence: SAID trustees
shall nave the powers and perform the duties In
relation to the care and management OF the pub-
lie schools ,chich are H0D authorized on NU and
the only question is what were the ..Dowrrs and
duties" then authorized by Law? We have hereto
fore shown that the school system OF this District
commenced with an act OF 1901, which created a
board OF trustees. having the 'entire direction OF
the public schools and the power ITO pass ali
necessary bylaws "to receive donatons;h Ito APP
point treasurer" and 40 vest and apply the
funds placed under their care In such manner as
they shall see IT." We have also shown
that whatever changes subsequently occurred
In the system OF our public schools (as for ln-
stance from charity TO free schools, their entire
management was continued In boards of trustees
with substantially the powers conferred by the
original act OF 1904 until the general law OF 1853
was enacted. We have shown that tntS was the
p lncipai authority OF law" in force and appli-
cable 10 this subject. when the act OF June IL
1915, created the present District government. A
recital, then OF the provisions OF said act OF 1858
should De conclusive as 10 the "p0wers' and
duties In tue "care and MANAGEMENT OF the
public schools conferred by the act OF 1878 upon
the present board OF trustees. Your committee
minor but quite interesting lines OF argument
which might be adduced, because the question Is
necessarily concluded by the exp eSS declaration
OF powers contained In the Organic act OF 1878.
Inc trustees were TO have the same powers and
outles which are now authorized by law" These
were the powers and duties prescribed by the acts
hereinDefore referred 10. We will now cite little
more July from the act OF 1853:
SEC. = Annually the mayor shalt appoint by
anu i, Win the advice and consent OF the board OF
persons from each school district, VINO, with the
mayor Tor the time being as president Of said
ooaru, snail nave the management Of all the pub
lac schools ID the city OF Washington
skC u Inc board OF trustees shall have power
10 appoint all teachers, Assistant teachers and
sub-assistant teachers which may be autncrixed
oy law, and the same 20 change az pleasure: TO
prescribe The course OF studies an the books 20 be
Qseo 10 TOE schools but no books shall be Changed
un'ess " avote OF two-thtrds Of the whole board,